Bertram Developing Co. v. Tucker

Opinion of the Court by

Judge Clay

Reversing.

On April 4, 1916, Thomas Tucker and wife executed to Cass Burris an oil and gas lease on forty acres of land located in Allen county. The- lease was afterwards assigned to the Bertram Developing Company. The consideration was $1.00 cash, one-eighth of the oil and $100.00 per annum for each gas well. The lease contained a provision that a well should be drilled on the property within thirty-six months from the date of the lease, and in case of a failure to drill a well within that time, the lessee should pay to the lessors 25c per acre each year…